Enforcement Powers and Infringement Notices Flashcards
6 cards from real LCQ practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Enforcement Powers and Infringement Notices flashcards as text
Under the Sale and Supply of Alcohol Act 2012, what is a 'suspension order' and who can issue one in NZ?
Answer: An order made by the DLC or ARLA suspending a licence or manager's certificate for a defined period, following an application and hearing process
A suspension order is a formal order from the DLC or ARLA that suspends a licence or manager's certificate for a specified period. It requires an application, evidence, and in most cases a hearing before it is made.
In NZ, what is the maximum fine for an individual who sells or supplies alcohol without any licence?
Answer: $10,000
Under the Act, an individual who sells or supplies alcohol without a licence faces a maximum fine of $10,000 on conviction.
Under NZ law, what is the Police power to seize alcohol under the Sale and Supply of Alcohol Act 2012?
Answer: Police can seize alcohol that is being sold or supplied without a licence or that is evidence of an offence under the Act
Police have the power to seize alcohol that is being sold or supplied without a licence or that constitutes evidence of an offence under the Act.
Under NZ law, what is the role of the Medical Officer of Health in alcohol enforcement?
Answer: The Medical Officer of Health reports to the DLC on the public health implications of licence applications and renewals, and can oppose licences on public health grounds
The Medical Officer of Health (MOH) participates in the licensing process by filing reports on licence applications and renewals that address public health implications, and can oppose licences on public health grounds.
In NZ, what is a 'formal warning' in the alcohol licensing enforcement context?
Answer: A written caution issued by the DLC or a Licensing Inspector as a first step in the enforcement process before further action is taken
A formal warning is a written notification from the DLC or Licensing Inspector that a breach has been identified and that further breaches may lead to more serious action. It is a first step in the enforcement escalation process.
Under NZ law, what is the 'licensee's liability' principle in the enforcement context?
Answer: The licensee can be held responsible for offences committed by their employees or agents in the course of the licensed business, in addition to any personal liability of the employee
Under the Act, both the individual who commits an offence (such as a staff member who serves a minor) and the licensee can be held liable, because the licensee is responsible for how their business operates.